Legal Question in Traffic Law in Washington

uninsured driver sues

I'm going to be sued by an uninsured driver in small claims court. Does he have the same rights as an insured motorist? He was not ticketed due to the accident being non-injury-no police response.


Asked on 12/01/08, 11:40 pm

2 Answers from Attorneys
Sam Hochberg Sam Hochberg & Associates

Re: uninsured driver sues

I presume from your question that YOU were insured for this accident. If so, your insurance company will hire a lawyer to advise and/or represent you, and they'll advise you based on the specific facts of your case.

In general, if this was a Washington accident, the plaintiff does have the same rights as against you, as if he were insured. Other states have enacted laws limiting their rights in making claims, such as Oregon and California. But check with your insurer's lawyer to be sure.

Good luck,

-- Sam

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Answered on 12/02/08, 1:38 am
Sam Hochberg Sam Hochberg & Associates

Re: uninsured driver sues

I presume from your question that YOU were insured for this accident. If so, your insurance company will hire a lawyer to advise and/or represent you, and they'll advise you based on the specific facts of your case.

In general, if this was a Washington accident, the plaintiff does have the same rights as against you, as if he were insured. Other states have enacted laws limiting their rights in making claims, such as Oregon and California. But check with your insurer's lawyer to be sure.

Good luck,

-- Sam

Read more
Answered on 12/02/08, 1:38 am


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